Supreme Court Grants Bail to BRS Leader K Kavitha
The Supreme Court of India has emphasized that the fundamental right to liberty under Article 21 of the Constitution is superior to statutory restrictions. This was highlighted in a ruling granting bail to BRS leader K Kavitha.
Key Points from the Ruling
A bench of justices BR Gavai and KV Viswanathan made the observation while allowing K Kavitha’s bail plea. The detailed order was released on Wednesday.
The court reiterated that ‘bail is the rule and refusal is an exception,’ and that prolonged incarceration before being pronounced guilty should not become punishment without trial.
Criticism of Delhi High Court
The Supreme Court criticized the Delhi High Court for denying the benefit of the proviso to Section 45(1) of the PMLA to Kavitha. The court noted that the High Court misapplied the legal provisions and failed to recognize that women, regardless of their education or status, are entitled to special consideration under the law.
Special Consideration for Women
The court emphasized that women, even if highly educated or well-placed in society, should receive special treatment when their bail pleas are considered. The court also noted that educated and well-placed women might inadvertently engage in illegal activities and should be treated with sensitivity and prudence.
Doubts Revealed
Supreme Court -: The Supreme Court is the highest court in India. It makes important decisions about laws and justice.
BRS Leader -: BRS stands for Bharat Rashtra Samithi, a political party in India. A leader is someone who guides or directs a group.
K Kavitha -: K Kavitha is a politician and a member of the BRS party. She is also the daughter of K. Chandrashekar Rao, the Chief Minister of Telangana.
Right to Liberty -: The right to liberty means the right to be free and not be unfairly kept in jail. It is a basic human right.
Article 21 -: Article 21 is a part of the Indian Constitution. It protects the right to life and personal freedom.
Constitution -: The Constitution is a set of rules and principles that guide how a country is governed. It is like the rulebook for the country.
Bail -: Bail is when someone who is in jail is allowed to go free until their trial, usually by paying money as a promise to return.
Delhi High Court -: The Delhi High Court is a court in Delhi that deals with legal cases. It is below the Supreme Court in the hierarchy.
Incarceration -: Incarceration means being put in jail or prison. It is a form of punishment for breaking the law.
Trial -: A trial is a process in court where it is decided if someone is guilty or not guilty of a crime.
Special consideration -: Special consideration means giving extra care or attention to someone because of their situation, like being a woman or having special needs.
